Are S corp distributions return of capital or capital gain? Confused about basis calculation
I have a single-member S corporation with a beginning basis of $0. For the tax year, the company had $100,000 in income with virtually no expenses. I paid myself a $60,000 reasonable salary and took $40,000 in distributions. When I calculate my basis: Starting basis = $0 Plus income = $100,000 Minus salary = $60,000 Minus distributions = $40,000 Ending basis = $0 Since my ending basis is $0, shouldn't these distributions be considered return of capital rather than capital gain? This seems too advantageous to be true, so I feel like I'm missing something in my understanding. Are these distributions actually subject to capital gains tax? I'm trying to figure this out before I file my 2024 taxes.
20 comments


Sofia Martinez
You've made a common misunderstanding about how S corp basis works. Your salary isn't subtracted from your basis calculation - it's a business expense that reduces the corporation's income before it passes through to you. The correct calculation would be: Starting basis = $0 Plus net income after expenses (including your salary) = $40,000 ($100,000 - $60,000) Minus distributions = $40,000 Ending basis = $0 So your distributions are covered by your increased basis from the net income, making them a tax-free return of capital up to your basis amount. If distributions exceeded your basis, then the excess would be capital gain. In your case, the $40,000 distribution exactly matches your $40,000 basis increase, so it's all return of capital.
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Dmitry Volkov
•Wait, I'm confused about the salary part. I thought salary to the owner doesn't reduce the S-corp's taxable income that passes through? Isn't the $100k income all flowing to the shareholder regardless of salary?
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Sofia Martinez
•The salary paid to you as an employee of the S corporation is a business expense, reducing the corporation's net income. The S corporation's net income after all expenses (including your salary) is what flows through to you as the shareholder. For your scenario, the $100,000 gross income minus the $60,000 salary expense results in $40,000 net income that passes through to you, increasing your basis by $40,000. When you take the $40,000 distribution, it reduces your basis back to zero. Since the distribution doesn't exceed your basis, it's considered a nontaxable return of capital.
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Ava Thompson
I had similar confusion with my S-corp taxation last year. After struggling with contradictory advice from different tax professionals, I found this AI tool called taxr.ai that analyzed my S-corp financial documents and provided a detailed explanation on basis calculations. https://taxr.ai helped me understand exactly how distributions are classified for tax purposes. Their analysis showed that when distributions don't exceed your accumulated basis, they're treated as return of capital (tax-free). It's only when you take distributions beyond your basis that they become capital gains. I was mixing up several concepts before using their document analysis.
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CyberSiren
•How does taxr.ai work with more complex scenarios? I have multiple years of S corp distributions that might have exceeded my basis and I'm worried I've been doing it wrong.
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Miguel Alvarez
•Sounds interesting but is it actually accurate? I'm hesitant to trust AI with something as complicated as S corp taxation. How does it compare to having an actual CPA review your situation?
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Ava Thompson
•It handles complex multi-year scenarios surprisingly well. You upload your prior year tax returns and financial statements, and it analyzes your historical basis tracking through the years. It's particularly helpful for identifying when distributions might have exceeded basis in previous years, which is often missed. The system is actually trained on tax code and regulations, so it's quite accurate for technical questions like basis calculations. While it doesn't replace a CPA for comprehensive tax planning, it's excellent for getting clear explanations on specific technical issues. Many CPAs actually use it themselves to double-check their S corp basis calculations since these are notoriously error-prone.
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Miguel Alvarez
I was extremely skeptical about AI tax tools, but after that recommendation, I decided to try taxr.ai for my S corp basis questions. Wow - I'm actually impressed! I uploaded my last three years of K-1s and corporate returns, and it immediately identified that I had been calculating my basis incorrectly. Turns out I hadn't been properly tracking how my business loans affected my basis, and I was at risk of having some distributions reclassified as capital gains. The explanations were clear and cited the specific tax code sections. I shared the analysis with my accountant who confirmed it was accurate and made the necessary corrections to my approach. Definitely saved me from potential issues down the road!
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Zainab Yusuf
If you're trying to reach the IRS to get clarification on S corp distribution classification, good luck! I spent weeks trying to get through. Then someone told me about https://claimyr.com, which got me connected to an actual IRS agent in less than 45 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c I was able to get an authoritative answer about my S corp basis calculations and confirm that distributions covered by basis increases from income are indeed return of capital. The agent walked me through exactly how to document this on my return to avoid raising audit flags. Much better than guessing or trying to interpret conflicting forum advice!
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Connor O'Reilly
•Wait, how does this actually work? Does Claimyr just keep calling the IRS for you or something? The IRS phone system is notoriously awful.
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Yara Khoury
•Yeah right. I've been calling the IRS for YEARS and can never get through. There's no way this service actually works - they probably just take your money and tell you to keep waiting.
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Zainab Yusuf
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Yara Khoury
Well I'm eating my words here. After my skeptical comment, I was still desperate for answers about my S corp distributions, so I tried Claimyr as a last resort. I was connected to an IRS rep in about 35 minutes! The agent confirmed that distributions don't reduce S corp basis directly - it's the net income that increases basis, and then distributions reduce it. This clarified years of confusion for me. She even emailed me some resources about S corp basis calculations that I'd never found online. Honestly worth every penny just to have actual authoritative information rather than guessing. My accountant was shocked I got through so quickly.
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Keisha Taylor
Here's something many people miss: While your calculation ends up at zero basis, the timing matters too. You first ADD the $40K net income to your basis (after subtracting the $60K salary as a business expense from the $100K total income), THEN subtract the $40K distribution. So there was a moment in time when your basis was $40K, which fully covered your $40K distribution, making it return of capital. If you had distributed $50K instead, then $40K would be return of capital and the extra $10K would be capital gain since it exceeds basis.
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StardustSeeker
•Does the timing of when you take distributions during the year matter? Like if I took distributions early in the year before the income was actually earned?
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Keisha Taylor
•Great question. From a technical standpoint, S corporation income is generally considered to be earned evenly throughout the year, so taking early distributions doesn't automatically create a problem. However, if you take distributions early in the year that exceed your projected annual basis increase, you could potentially create an issue. The IRS could theoretically argue that on the specific date of an early distribution, you didn't yet have sufficient basis to cover it. In practice, most tax professionals look at this on a full-year basis rather than trying to match specific distribution dates to income timing, but extremely disproportionate timing could raise questions.
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Paolo Marino
Don't forget about debt basis too! The basis calculation gets more complicated if you have loans to the S corp. Also remember that the order matters: 1. Income increases basis 2. Non-deductible expenses decrease basis 3. Distributions decrease basis In your example, since income exactly equals your salary + distributions, your ending basis is correctly $0. But as others mentioned, that doesn't make the distributions capital gains - they're still return of capital because you had sufficient basis when taking them.
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Amina Bah
•So what tax forms would show this? Is this all reported on the K-1 or somewhere else?
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Jade Santiago
The K-1 (Form 1120S Schedule K-1) is where most of this gets reported. Box 16 shows distributions to shareholders, and your share of income/losses flows through via Box 1 (ordinary income). However, the K-1 doesn't directly show your basis calculation - that's something you need to track separately. You'll report the pass-through income on your personal return (Form 1040), but the distributions themselves aren't directly reported as taxable income since they're return of capital up to your basis. The tricky part is that YOU are responsible for tracking your basis year over year - the IRS doesn't do this for you. I'd recommend keeping a simple spreadsheet tracking: starting basis + income + other increases - distributions - losses = ending basis. This becomes crucial if you ever have distributions that exceed basis, because then you'd need to report the excess as capital gains on Schedule D.
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Chloe Martin
•This is really helpful! I've been struggling to understand how to track my S-corp basis properly. Do you know of any good spreadsheet templates or tools specifically designed for tracking S-corp shareholder basis over multiple years? It seems like something that would be easy to mess up if you're doing it manually, especially with multiple income sources, loans, and distribution timing.
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